JUDGMENT

Raja Segaran S Krishnan JC:

A. Introduction

[1] This is the Court 's judgment in respect of the Originating Summons in Enclosure 1 filed by First Reliance Target Sdn Bhd against Planetarium Melaka Sdn Bhd The application arises out of a Privatization Cum Concession Agreement dated 13 September 2019 concerning the rehabilitation, management and operation of the Melaka Planetarium Adventure Science Centre.

[2] The immediate controversy is not whether the project encountered difficulties. That much is common ground. The real controversy is whether those difficulties culminated in a legally effective termination in the manner alleged by the plaintiff, and whether the Plaintiff is thereby entitled, by originating summons, to declaratory relief together with monetary relief for RM1,000,000.00 and RM3,560,845.82.

[3] The Plaintiff's case is built principally on the defendant's solicitors' letter dated 30 September 2024 and on the plaintiff's silence thereafter. The Plaintiff says that the letter, read together with the prior dealings between the parties, brought about a valid mutual termination and rendered the draft Mutual Termination Agreement effective. The Defendant denies that a